1102 Pleasant Street, Suite 828
Worcester, MA 01602

tel. (508)797-0200
fax (508)797-0201

11 U.S.C. § 362

Automatic Stay

(a) Except as provided in subsection (b) of this section, a
petition filed under section 301, 302, or 303 of this title, or an
application filed under section 5(a)(3) of the Securities Investor
Protection Act of 1970, operates as a stay, applicable to all
entities, of –
(1) the commencement or continuation, including the issuance or
employment of process, of a judicial, administrative, or other
action or proceeding against the debtor that was or could have
been commenced before the commencement of the case under this
title, or to recover a claim against the debtor that arose before
the commencement of the case under this title;
(2) the enforcement, against the debtor or against property of
the estate, of a judgment obtained before the commencement of the
case under this title;
(3) any act to obtain possession of property of the estate or
of property from the estate or to exercise control over property
of the estate;
(4) any act to create, perfect, or enforce any lien against
property of the estate;
(5) any act to create, perfect, or enforce against property of
the debtor any lien to the extent that such lien secures a claim
that arose before the commencement of the case under this title;
(6) any act to collect, assess, or recover a claim against the
debtor that arose before the commencement of the case under this
title;
(7) the setoff of any debt owing to the debtor that arose
before the commencement of the case under this title against any
claim against the debtor; and
(8) the commencement or continuation of a proceeding before the
United States Tax Court concerning a corporate debtor’s tax
liability for a taxable period the bankruptcy court may determine
or concerning the tax liability of a debtor who is an individual
for a taxable period ending before the date of the order for
relief under this title.

(b) The filing of a petition under section 301, 302, or 303 of
this title, or of an application under section 5(a)(3) of the
Securities Investor Protection Act of 1970, does not operate as a
stay –
(1) under subsection (a) of this section, of the commencement
or continuation of a criminal action or proceeding against the
debtor;
(2) under subsection (a) –
(A) of the commencement or continuation of a civil action or
proceeding –
(i) for the establishment of paternity;
(ii) for the establishment or modification of an order for
domestic support obligations;
(iii) concerning child custody or visitation;
(iv) for the dissolution of a marriage, except to the
extent that such proceeding seeks to determine the division
of property that is property of the estate; or
(v) regarding domestic violence;

(B) of the collection of a domestic support obligation from
property that is not property of the estate;
(C) with respect to the withholding of income that is
property of the estate or property of the debtor for payment of
a domestic support obligation under a judicial or
administrative order or a statute;
(D) of the withholding, suspension, or restriction of a
driver’s license, a professional or occupational license, or a
recreational license, under State law, as specified in section
466(a)(16) of the Social Security Act;
(E) of the reporting of overdue support owed by a parent to
any consumer reporting agency as specified in section 466(a)(7)
of the Social Security Act;
(F) of the interception of a tax refund, as specified in
sections 464 and 466(a)(3) of the Social Security Act or under
an analogous State law; or
(G) of the enforcement of a medical obligation, as specified
under title IV of the Social Security Act;

(3) under subsection (a) of this section, of any act to
perfect, or to maintain or continue the perfection of, an
interest in property to the extent that the trustee’s rights and
powers are subject to such perfection under section 546(b) of
this title or to the extent that such act is accomplished within
the period provided under section 547(e)(2)(A) of this title;
(4) under paragraph (1), (2), (3), or (6) of subsection (a) of
this section, of the commencement or continuation of an action or
proceeding by a governmental unit or any organization exercising
authority under the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, opened for signature on January 13,
1993, to enforce such governmental unit’s or organization’s
police and regulatory power, including the enforcement of a
judgment other than a money judgment, obtained in an action or
proceeding by the governmental unit to enforce such governmental
unit’s or organization’s police or regulatory power;
[(5) Repealed. Pub. L. 105-277, div. I, title VI, Sec. 603(1),
Oct. 21, 1998, 112 Stat. 2681-866;]
(6) under subsection (a) of this section, of the exercise by a
commodity broker, forward contract merchant, stockbroker,
financial institution, financial participant, or securities
clearing agency of any contractual right (as defined in section
555 or 556) under any security agreement or arrangement or other
credit enhancement forming a part of or related to any commodity
contract, forward contract or securities contract, or of any
contractual right (as defined in section 555 or 556) to offset or
net out any termination value, payment amount, or other transfer
obligation arising under or in connection with 1 or more such
contracts, including any master agreement for such contracts;
(7) under subsection (a) of this section, of the exercise by a
repo participant or financial participant of any contractual
right (as defined in section 559) under any security agreement or
arrangement or other credit enhancement forming a part of or
related to any repurchase agreement, or of any contractual right
(as defined in section 559) to offset or net out any termination
value, payment amount, or other transfer obligation arising under
or in connection with 1 or more such agreements, including any
master agreement for such agreements;
(8) under subsection (a) of this section, of the commencement
of any action by the Secretary of Housing and Urban Development
to foreclose a mortgage or deed of trust in any case in which the
mortgage or deed of trust held by the Secretary is insured or was
formerly insured under the National Housing Act and covers
property, or combinations of property, consisting of five or more
living units;
(9) under subsection (a), of –
(A) an audit by a governmental unit to determine tax
liability;
(B) the issuance to the debtor by a governmental unit of a
notice of tax deficiency;
(C) a demand for tax returns; or
(D) the making of an assessment for any tax and issuance of a
notice and demand for payment of such an assessment (but any
tax lien that would otherwise attach to property of the estate
by reason of such an assessment shall not take effect unless
such tax is a debt of the debtor that will not be discharged in
the case and such property or its proceeds are transferred out
of the estate to, or otherwise revested in, the debtor).

(10) under subsection (a) of this section, of any act by a
lessor to the debtor under a lease of nonresidential real
property that has terminated by the expiration of the stated term
of the lease before the commencement of or during a case under
this title to obtain possession of such property;
(11) under subsection (a) of this section, of the presentment
of a negotiable instrument and the giving of notice of and
protesting dishonor of such an instrument;
(12) under subsection (a) of this section, after the date which
is 90 days after the filing of such petition, of the commencement
or continuation, and conclusion to the entry of final judgment,
of an action which involves a debtor subject to reorganization
pursuant to chapter 11 of this title and which was brought by the
Secretary of Transportation under section 31325 of title 46
(including distribution of any proceeds of sale) to foreclose a
preferred ship or fleet mortgage, or a security interest in or
relating to a vessel or vessel under construction, held by the
Secretary of Transportation under chapter 537 of title 46 or
section 109(h) of title 49, or under applicable State law;
(13) under subsection (a) of this section, after the date which
is 90 days after the filing of such petition, of the commencement
or continuation, and conclusion to the entry of final judgment,
of an action which involves a debtor subject to reorganization
pursuant to chapter 11 of this title and which was brought by the
Secretary of Commerce under section 31325 of title 46 (including
distribution of any proceeds of sale) to foreclose a preferred
ship or fleet mortgage in a vessel or a mortgage, deed of trust,
or other security interest in a fishing facility held by the
Secretary of Commerce under chapter 537 of title 46;
(14) under subsection (a) of this section, of any action by an
accrediting agency regarding the accreditation status of the
debtor as an educational institution;
(15) under subsection (a) of this section, of any action by a
State licensing body regarding the licensure of the debtor as an
educational institution;
(16) under subsection (a) of this section, of any action by a
guaranty agency, as defined in section 435(j) of the Higher
Education Act of 1965 or the Secretary of Education regarding the
eligibility of the debtor to participate in programs authorized
under such Act;
(17) under subsection (a) of this section, of the exercise by a
swap participant or financial participant of any contractual
right (as defined in section 560) under any security agreement or
arrangement or other credit enhancement forming a part of or
related to any swap agreement, or of any contractual right (as
defined in section 560) to offset or net out any termination
value, payment amount, or other transfer obligation arising under
or in connection with 1 or more such agreements, including any
master agreement for such agreements;
(18) under subsection (a) of the creation or perfection of a
statutory lien for an ad valorem property tax, or a special tax
or special assessment on real property whether or not ad valorem,
imposed by a governmental unit, if such tax or assessment comes
due after the date of the filing of the petition;
(19) under subsection (a), of withholding of income from a
debtor’s wages and collection of amounts withheld, under the
debtor’s agreement authorizing that withholding and collection
for the benefit of a pension, profit-sharing, stock bonus, or
other plan established under section 401, 403, 408, 408A, 414,
457, or 501(c) of the Internal Revenue Code of 1986, that is
sponsored by the employer of the debtor, or an affiliate,
successor, or predecessor of such employer –
(A) to the extent that the amounts withheld and collected are
used solely for payments relating to a loan from a plan under
section 408(b)(1) of the Employee Retirement Income Security
Act of 1974 or is subject to section 72(p) of the Internal
Revenue Code of 1986; or
(B) a loan from a thrift savings plan permitted under
subchapter III of chapter 84 of title 5, that satisfies the
requirements of section 8433(g) of such title;

but nothing in this paragraph may be construed to provide that
any loan made under a governmental plan under section 414(d), or
a contract or account under section 403(b), of the Internal
Revenue Code of 1986 constitutes a claim or a debt under this
title;
(20) under subsection (a), of any act to enforce any lien
against or security interest in real property following entry of
the order under subsection (d)(4) as to such real property in any
prior case under this title, for a period of 2 years after the
date of the entry of such an order, except that the debtor, in a
subsequent case under this title, may move for relief from such
order based upon changed circumstances or for other good cause
shown, after notice and a hearing;
(21) under subsection (a), of any act to enforce any lien
against or security interest in real property –
(A) if the debtor is ineligible under section 109(g) to be a
debtor in a case under this title; or
(B) if the case under this title was filed in violation of a
bankruptcy court order in a prior case under this title
prohibiting the debtor from being a debtor in another case
under this title;

(22) subject to subsection (l), under subsection (a)(3), of the
continuation of any eviction, unlawful detainer action, or
similar proceeding by a lessor against a debtor involving
residential property in which the debtor resides as a tenant
under a lease or rental agreement and with respect to which the
lessor has obtained before the date of the filing of the
bankruptcy petition, a judgment for possession of such property
against the debtor;
(23) subject to subsection (m), under subsection (a)(3), of an
eviction action that seeks possession of the residential property
in which the debtor resides as a tenant under a lease or rental
agreement based on endangerment of such property or the illegal
use of controlled substances on such property, but only if the
lessor files with the court, and serves upon the debtor, a
certification under penalty of perjury that such an eviction
action has been filed, or that the debtor, during the 30-day
period preceding the date of the filing of the certification, has
endangered property or illegally used or allowed to be used a
controlled substance on the property;
(24) under subsection (a), of any transfer that is not
avoidable under section 544 and that is not avoidable under
section 549;
(25) under subsection (a), of –
(A) the commencement or continuation of an investigation or
action by a securities self regulatory organization to enforce
such organization’s regulatory power;
(B) the enforcement of an order or decision, other than for
monetary sanctions, obtained in an action by such securities
self regulatory organization to enforce such organization’s
regulatory power; or
(C) any act taken by such securities self regulatory
organization to delist, delete, or refuse to permit quotation
of any stock that does not meet applicable regulatory
requirements;

(26) under subsection (a), of the setoff under applicable
nonbankruptcy law of an income tax refund, by a governmental
unit, with respect to a taxable period that ended before the date
of the order for relief against an income tax liability for a
taxable period that also ended before the date of the order for
relief, except that in any case in which the setoff of an income
tax refund is not permitted under applicable nonbankruptcy law
because of a pending action to determine the amount or legality
of a tax liability, the governmental unit may hold the refund
pending the resolution of the action, unless the court, on the
motion of the trustee and after notice and a hearing, grants the
taxing authority adequate protection (within the meaning of
section 361) for the secured claim of such authority in the
setoff under section 506(a);
(27) under subsection (a) of this section, of the exercise by a
master netting agreement participant of any contractual right (as
defined in section 555, 556, 559, or 560) under any security
agreement or arrangement or other credit enhancement forming a
part of or related to any master netting agreement, or of any
contractual right (as defined in section 555, 556, 559, or 560)
to offset or net out any termination value, payment amount, or
other transfer obligation arising under or in connection with 1
or more such master netting agreements to the extent that such
participant is eligible to exercise such rights under paragraph
(6), (7), or (17) for each individual contract covered by the
master netting agreement in issue; and
(28) under subsection (a), of the exclusion by the Secretary of
Health and Human Services of the debtor from participation in the
medicare program or any other Federal health care program (as
defined in section 1128B(f) of the Social Security Act pursuant
to title XI or XVIII of such Act).

The provisions of paragraphs (12) and (13) of this subsection shall
apply with respect to any such petition filed on or before December
31, 1989.
(c) Except as provided in subsections (d), (e), (f), and (h) of
this section –
(1) the stay of an act against property of the estate under
subsection (a) of this section continues until such property is
no longer property of the estate;
(2) the stay of any other act under subsection (a) of this
section continues until the earliest of –
(A) the time the case is closed;
(B) the time the case is dismissed; or
(C) if the case is a case under chapter 7 of this title
concerning an individual or a case under chapter 9, 11, 12, or
13 of this title, the time a discharge is granted or denied;

(3) if a single or joint case is filed by or against debtor who
is an individual in a case under chapter 7, 11, or 13, and if a
single or joint case of the debtor was pending within the
preceding 1-year period but was dismissed, other than a case
refiled under a chapter other than chapter 7 after dismissal
under section 707(b) –
(A) the stay under subsection (a) with respect to any action
taken with respect to a debt or property securing such debt or
with respect to any lease shall terminate with respect to the
debtor on the 30th day after the filing of the later case;
(B) on the motion of a party in interest for continuation of
the automatic stay and upon notice and a hearing, the court may
extend the stay in particular cases as to any or all creditors
(subject to such conditions or limitations as the court may
then impose) after notice and a hearing completed before the
expiration of the 30-day period only if the party in interest
demonstrates that the filing of the later case is in good faith
as to the creditors to be stayed; and
(C) for purposes of subparagraph (B), a case is presumptively
filed not in good faith (but such presumption may be rebutted
by clear and convincing evidence to the contrary) –
(i) as to all creditors, if –
(I) more than 1 previous case under any of chapters 7,
11, and 13 in which the individual was a debtor was pending
within the preceding 1-year period;
(II) a previous case under any of chapters 7, 11, and 13
in which the individual was a debtor was dismissed within
such 1-year period, after the debtor failed to –
(aa) file or amend the petition or other documents as
required by this title or the court without substantial
excuse (but mere inadvertence or negligence shall not be
a substantial excuse unless the dismissal was caused by
the negligence of the debtor’s attorney);
(bb) provide adequate protection as ordered by the
court; or
(cc) perform the terms of a plan confirmed by the
court; or

(III) there has not been a substantial change in the
financial or personal affairs of the debtor since the
dismissal of the next most previous case under chapter 7,
11, or 13 or any other reason to conclude that the later
case will be concluded –
(aa) if a case under chapter 7, with a discharge; or
(bb) if a case under chapter 11 or 13, with a confirmed
plan that will be fully performed; and

(ii) as to any creditor that commenced an action under
subsection (d) in a previous case in which the individual was
a debtor if, as of the date of dismissal of such case, that
action was still pending or had been resolved by terminating,
conditioning, or limiting the stay as to actions of such
creditor; and

(4)(A)(i) if a single or joint case is filed by or against a
debtor who is an individual under this title, and if 2 or more
single or joint cases of the debtor were pending within the
previous year but were dismissed, other than a case refiled under
section 707(b), the stay under subsection (a) shall not go into
effect upon the filing of the later case; and
(ii) on request of a party in interest, the court shall
promptly enter an order confirming that no stay is in effect;
(B) if, within 30 days after the filing of the later case, a
party in interest requests the court may order the stay to take
effect in the case as to any or all creditors (subject to such
conditions or limitations as the court may impose), after notice
and a hearing, only if the party in interest demonstrates that
the filing of the later case is in good faith as to the creditors
to be stayed;
(C) a stay imposed under subparagraph (B) shall be effective on
the date of the entry of the order allowing the stay to go into
effect; and
(D) for purposes of subparagraph (B), a case is presumptively
filed not in good faith (but such presumption may be rebutted by
clear and convincing evidence to the contrary) –
(i) as to all creditors if –
(I) 2 or more previous cases under this title in which the
individual was a debtor were pending within the 1-year
period;
(II) a previous case under this title in which the
individual was a debtor was dismissed within the time period
stated in this paragraph after the debtor failed to file or
amend the petition or other documents as required by this
title or the court without substantial excuse (but mere
inadvertence or negligence shall not be substantial excuse
unless the dismissal was caused by the negligence of the
debtor’s attorney), failed to provide adequate protection as
ordered by the court, or failed to perform the terms of a
plan confirmed by the court; or
(III) there has not been a substantial change in the
financial or personal affairs of the debtor since the
dismissal of the next most previous case under this title, or
any other reason to conclude that the later case will not be
concluded, if a case under chapter 7, with a discharge, and
if a case under chapter 11 or 13, with a confirmed plan that
will be fully performed; or

(ii) as to any creditor that commenced an action under
subsection (d) in a previous case in which the individual was a
debtor if, as of the date of dismissal of such case, such
action was still pending or had been resolved by terminating,
conditioning, or limiting the stay as to such action of such
creditor.

(d) On request of a party in interest and after notice and a
hearing, the court shall grant relief from the stay provided under
subsection (a) of this section, such as by terminating, annulling,
modifying, or conditioning such stay –
(1) for cause, including the lack of adequate protection of an
interest in property of such party in interest;
(2) with respect to a stay of an act against property under
subsection (a) of this section, if –
(A) the debtor does not have an equity in such property; and
(B) such property is not necessary to an effective
reorganization;

(3) with respect to a stay of an act against single asset real
estate under subsection (a), by a creditor whose claim is secured
by an interest in such real estate, unless, not later than the
date that is 90 days after the entry of the order for relief (or
such later date as the court may determine for cause by order
entered within that 90-day period) or 30 days after the court
determines that the debtor is subject to this paragraph,
whichever is later –
(A) the debtor has filed a plan of reorganization that has a
reasonable possibility of being confirmed within a reasonable
time; or
(B) the debtor has commenced monthly payments that –
(i) may, in the debtor’s sole discretion, notwithstanding
section 363(c)(2), be made from rents or other income
generated before, on, or after the date of the commencement
of the case by or from the property to each creditor whose
claim is secured by such real estate (other than a claim
secured by a judgment lien or by an unmatured statutory
lien); and
(ii) are in an amount equal to interest at the then
applicable nondefault contract rate of interest on the value
of the creditor’s interest in the real estate; or

(4) with respect to a stay of an act against real property
under subsection (a), by a creditor whose claim is secured by an
interest in such real property, if the court finds that the
filing of the petition was part of a scheme to delay, hinder, and
defraud creditors that involved either –
(A) transfer of all or part ownership of, or other interest
in, such real property without the consent of the secured
creditor or court approval; or
(B) multiple bankruptcy filings affecting such real property.

If recorded in compliance with applicable State laws governing
notices of interests or liens in real property, an order entered
under paragraph (4) shall be binding in any other case under this
title purporting to affect such real property filed not later
than 2 years after the date of the entry of such order by the
court, except that a debtor in a subsequent case under this title
may move for relief from such order based upon changed
circumstances or for good cause shown, after notice and a
hearing. Any Federal, State, or local governmental unit that
accepts notices of interests or liens in real property shall
accept any certified copy of an order described in this
subsection for indexing and recording.

(e)(1) Thirty days after a request under subsection (d) of this
section for relief from the stay of any act against property of the
estate under subsection (a) of this section, such stay is
terminated with respect to the party in interest making such
request, unless the court, after notice and a hearing, orders such
stay continued in effect pending the conclusion of, or as a result
of, a final hearing and determination under subsection (d) of this
section. A hearing under this subsection may be a preliminary
hearing, or may be consolidated with the final hearing under
subsection (d) of this section. The court shall order such stay
continued in effect pending the conclusion of the final hearing
under subsection (d) of this section if there is a reasonable
likelihood that the party opposing relief from such stay will
prevail at the conclusion of such final hearing. If the hearing
under this subsection is a preliminary hearing, then such final
hearing shall be concluded not later than thirty days after the
conclusion of such preliminary hearing, unless the 30-day period is
extended with the consent of the parties in interest or for a
specific time which the court finds is required by compelling
circumstances.
(2) Notwithstanding paragraph (1), in a case under chapter 7, 11,
or 13 in which the debtor is an individual, the stay under
subsection (a) shall terminate on the date that is 60 days after a
request is made by a party in interest under subsection (d), unless

(A) a final decision is rendered by the court during the 60-day
period beginning on the date of the request; or
(B) such 60-day period is extended –
(i) by agreement of all parties in interest; or
(ii) by the court for such specific period of time as the
court finds is required for good cause, as described in
findings made by the court.

(f) Upon request of a party in interest, the court, with or
without a hearing, shall grant such relief from the stay provided
under subsection (a) of this section as is necessary to prevent
irreparable damage to the interest of an entity in property, if
such interest will suffer such damage before there is an
opportunity for notice and a hearing under subsection (d) or (e) of
this section.
(g) In any hearing under subsection (d) or (e) of this section
concerning relief from the stay of any act under subsection (a) of
this section –
(1) the party requesting such relief has the burden of proof on
the issue of the debtor’s equity in property; and
(2) the party opposing such relief has the burden of proof on
all other issues.

(h)(1) In a case in which the debtor is an individual, the stay
provided by subsection (a) is terminated with respect to personal
property of the estate or of the debtor securing in whole or in
part a claim, or subject to an unexpired lease, and such personal
property shall no longer be property of the estate if the debtor
fails within the applicable time set by section 521(a)(2) –
(A) to file timely any statement of intention required under
section 521(a)(2) with respect to such personal property or to
indicate in such statement that the debtor will either surrender
such personal property or retain it and, if retaining such
personal property, either redeem such personal property pursuant
to section 722, enter into an agreement of the kind specified in
section 524(c) applicable to the debt secured by such personal
property, or assume such unexpired lease pursuant to section
365(p) if the trustee does not do so, as applicable; and
(B) to take timely the action specified in such statement, as
it may be amended before expiration of the period for taking
action, unless such statement specifies the debtor’s intention to
reaffirm such debt on the original contract terms and the
creditor refuses to agree to the reaffirmation on such terms.

(2) Paragraph (1) does not apply if the court determines, on the
motion of the trustee filed before the expiration of the applicable
time set by section 521(a)(2), after notice and a hearing, that
such personal property is of consequential value or benefit to the
estate, and orders appropriate adequate protection of the
creditor’s interest, and orders the debtor to deliver any
collateral in the debtor’s possession to the trustee. If the court
does not so determine, the stay provided by subsection (a) shall
terminate upon the conclusion of the hearing on the motion.
(i) If a case commenced under chapter 7, 11, or 13 is dismissed
due to the creation of a debt repayment plan, for purposes of
subsection (c)(3), any subsequent case commenced by the debtor
under any such chapter shall not be presumed to be filed not in
good faith.
(j) On request of a party in interest, the court shall issue an
order under subsection (c) confirming that the automatic stay has
been terminated.
(k)(1) Except as provided in paragraph (2), an individual injured
by any willful violation of a stay provided by this section shall
recover actual damages, including costs and attorneys’ fees, and,
in appropriate circumstances, may recover punitive damages.
(2) If such violation is based on an action taken by an entity in
the good faith belief that subsection (h) applies to the debtor,
the recovery under paragraph (1) of this subsection against such
entity shall be limited to actual damages.
(l)(1) Except as otherwise provided in this subsection,
subsection (b)(22) shall apply on the date that is 30 days after
the date on which the bankruptcy petition is filed, if the debtor
files with the petition and serves upon the lessor a certification
under penalty of perjury that –
(A) under nonbankruptcy law applicable in the jurisdiction,
there are circumstances under which the debtor would be permitted
to cure the entire monetary default that gave rise to the
judgment for possession, after that judgment for possession was
entered; and
(B) the debtor (or an adult dependent of the debtor) has
deposited with the clerk of the court, any rent that would become
due during the 30-day period after the filing of the bankruptcy
petition.

(2) If, within the 30-day period after the filing of the
bankruptcy petition, the debtor (or an adult dependent of the
debtor) complies with paragraph (1) and files with the court and
serves upon the lessor a further certification under penalty of
perjury that the debtor (or an adult dependent of the debtor) has
cured, under nonbankrupcty (!1) law applicable in the jurisdiction,
the entire monetary default that gave rise to the judgment under
which possession is sought by the lessor, subsection (b)(22) shall
not apply, unless ordered to apply by the court under paragraph
(3).

(3)(A) If the lessor files an objection to any certification
filed by the debtor under paragraph (1) or (2), and serves such
objection upon the debtor, the court shall hold a hearing within 10
days after the filing and service of such objection to determine if
the certification filed by the debtor under paragraph (1) or (2) is
true.
(B) If the court upholds the objection of the lessor filed under
subparagraph (A) –
(i) subsection (b)(22) shall apply immediately and relief from
the stay provided under subsection (a)(3) shall not be required
to enable the lessor to complete the process to recover full
possession of the property; and
(ii) the clerk of the court shall immediately serve upon the
lessor and the debtor a certified copy of the court’s order
upholding the lessor’s objection.

(4) If a debtor, in accordance with paragraph (5), indicates on
the petition that there was a judgment for possession of the
residential rental property in which the debtor resides and does
not file a certification under paragraph (1) or (2) –
(A) subsection (b)(22) shall apply immediately upon failure to
file such certification, and relief from the stay provided under
subsection (a)(3) shall not be required to enable the lessor to
complete the process to recover full possession of the property;
and
(B) the clerk of the court shall immediately serve upon the
lessor and the debtor a certified copy of the docket indicating
the absence of a filed certification and the applicability of the
exception to the stay under subsection (b)(22).

(5)(A) Where a judgment for possession of residential property in
which the debtor resides as a tenant under a lease or rental
agreement has been obtained by the lessor, the debtor shall so
indicate on the bankruptcy petition and shall provide the name and
address of the lessor that obtained that pre-petition judgment on
the petition and on any certification filed under this subsection.
(B) The form of certification filed with the petition, as
specified in this subsection, shall provide for the debtor to
certify, and the debtor shall certify –
(i) whether a judgment for possession of residential rental
housing in which the debtor resides has been obtained against the
debtor before the date of the filing of the petition; and
(ii) whether the debtor is claiming under paragraph (1) that
under nonbankruptcy law applicable in the jurisdiction, there are
circumstances under which the debtor would be permitted to cure
the entire monetary default that gave rise to the judgment for
possession, after that judgment of possession was entered, and
has made the appropriate deposit with the court.

(C) The standard forms (electronic and otherwise) used in a
bankruptcy proceeding shall be amended to reflect the requirements
of this subsection.
(D) The clerk of the court shall arrange for the prompt
transmittal of the rent deposited in accordance with paragraph
(1)(B) to the lessor.
(m)(1) Except as otherwise provided in this subsection,
subsection (b)(23) shall apply on the date that is 15 days after
the date on which the lessor files and serves a certification
described in subsection (b)(23).
(2)(A) If the debtor files with the court an objection to the
truth or legal sufficiency of the certification described in
subsection (b)(23) and serves such objection upon the lessor,
subsection (b)(23) shall not apply, unless ordered to apply by the
court under this subsection.
(B) If the debtor files and serves the objection under
subparagraph (A), the court shall hold a hearing within 10 days
after the filing and service of such objection to determine if the
situation giving rise to the lessor’s certification under paragraph
(1) existed or has been remedied.
(C) If the debtor can demonstrate to the satisfaction of the
court that the situation giving rise to the lessor’s certification
under paragraph (1) did not exist or has been remedied, the stay
provided under subsection (a)(3) shall remain in effect until the
termination of the stay under this section.
(D) If the debtor cannot demonstrate to the satisfaction of the
court that the situation giving rise to the lessor’s certification
under paragraph (1) did not exist or has been remedied –
(i) relief from the stay provided under subsection (a)(3) shall
not be required to enable the lessor to proceed with the
eviction; and
(ii) the clerk of the court shall immediately serve upon the
lessor and the debtor a certified copy of the court’s order
upholding the lessor’s certification.

(3) If the debtor fails to file, within 15 days, an objection
under paragraph (2)(A) –
(A) subsection (b)(23) shall apply immediately upon such
failure and relief from the stay provided under subsection (a)(3)
shall not be required to enable the lessor to complete the
process to recover full possession of the property; and
(B) the clerk of the court shall immediately serve upon the
lessor and the debtor a certified copy of the docket indicating
such failure.

(n)(1) Except as provided in paragraph (2), subsection (a) does
not apply in a case in which the debtor –
(A) is a debtor in a small business case pending at the time
the petition is filed;
(B) was a debtor in a small business case that was dismissed
for any reason by an order that became final in the 2-year period
ending on the date of the order for relief entered with respect
to the petition;
(C) was a debtor in a small business case in which a plan was
confirmed in the 2-year period ending on the date of the order
for relief entered with respect to the petition; or
(D) is an entity that has acquired substantially all of the
assets or business of a small business debtor described in
subparagraph (A), (B), or (C), unless such entity establishes by
a preponderance of the evidence that such entity acquired
substantially all of the assets or business of such small
business debtor in good faith and not for the purpose of evading
this paragraph.

(2) Paragraph (1) does not apply –
(A) to an involuntary case involving no collusion by the debtor
with creditors; or
(B) to the filing of a petition if –
(i) the debtor proves by a preponderance of the evidence that
the filing of the petition resulted from circumstances beyond
the control of the debtor not foreseeable at the time the case
then pending was filed; and
(ii) it is more likely than not that the court will confirm a
feasible plan, but not a liquidating plan, within a reasonable
period of time.

(o) The exercise of rights not subject to the stay arising under
subsection (a) pursuant to paragraph (6), (7), (17), or (27) of
subsection (b) shall not be stayed by any order of a court or
administrative agency in any proceeding under this title.

The Law Offices of James Wingfield is proud to be a debt relief agency. We help the individuals, families and small businesses of the Worcester area file for bankruptcy relief under the United States Bankruptcy Code. The Law Offices of James Wingfield serves Central and Western Massachusetts clients in Worcester County, Hampden County, Hampshire County and Middlesex County including Worcester, Shrewsbury, Springfield, Westborough, Southborough, Framingham, Northampton, Natick, Amherst, Fitchburg, Leomister, Douglas, Uxbridge, Gardner, Belchertown, Holyoke, Wilbraham and Chicopee. The information contained and obtained in this website does not, nor is it intended to be, legal advice. Contacting us, be it through this website, via email of by telephone does not create an attorney-client relationship. An attorney-client relationship is only created upon execution of an engagement agreement or fee agreement.